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Should Federal Courts Defer to State-Agency Interpretations of Federal or State Law?
Adi Dynar
Must federal courts defer to a state agency’s interpretation of federal law? Two Eighth Circuit judges say yes. Eleven Ninth Circuit judges largely ignore the issue. Only Eighth Circuit’s Judge David Stras says no. Judge Stras is right. The Eighth Circuit has agreed to hear the case en banc, so a decision will follow…
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Biden Title IX Order
Harriet Hageman
On International Women’s Day, President Joe Biden issued an executive order “direct[ing] the Department of Education (ED) to review all of its existing regulations, orders, guidance, and policies” for the ostensible purpose of “guarantee[ing] an educational environment free from discrimination on the basis of sex….” The real focus of such “review,” however, is to…
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Flattening the Curve on Our Civil Liberties: Are Courts Social Distancing from the Constitution?
Michael P. DeGrandiscategory_listCovid-19 Articles
We just observed the first anniversary of “15 days to flatten the curve.” Since then, we’ve learned at least two important lessons. First, there’s no quick fix to flattening an infection curve. Second, the virus may be more resilient than our civil liberties. When all three branches of government are derelict in their duties…
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The Real Cost of CPSC’s Hidden Law to New Parents
Kara Rollins
Photo: NCLA client Lisa Milice and her baby As I have recently found out, there are many things to worry about as a new or expecting parent. The joy of welcoming a new life into the world can easily be eclipsed by a wide range of concerns. Not to mention, the nearly herculean task of…
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Biden Lets Slip the Dogs of Regulation
In the News
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The first month of President Biden’s administration began with nearly two-score shots across the bow signaling the continued strength of the Leviathan state. In his first days in office, the new President issued 37 executive orders (EOs), more than the Trump and Obama administrations combined issued in the same period. These and other early Biden…
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Cancel Culture on Trial
Peggy Little
An important case will be heard this term at the Supreme Court out of the Ninth Circuit—and the stakes could not be higher. Americans for Prosperity Foundation v. Becerra challenges a California Office of Attorney General’s lawless demand for non-profits’ donor lists that displays a shocking determination to eviscerate one of the landmark civil rights…
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